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If passed, it would open millions of acres of forests to logging without scientific review or citizen input. A better name for this legislations would be the Fix It So We Can Log Without Citizen Oversight Act.
It comes in a box with a picture of a fire extinguisher on the front. Below it the words: Guaranteed to stop wildfires. But when you open it up there’s a chainsaw inside. Tucked beside it is a piece a piece of paper saying, “Now without citizen overview!”
That’s the Fix Our Forests Act, a logging bill disguised as a firefighting bill. The tell is in the numerous and creative ways it would obstruct citizen input, from delaying citizen review until after the trees are cut to reducing the statute of limitations for filing lawsuits from six months to 120 days, seriously straining the ability of small citizen groups to apply legal restraint. It waives National Environmental Policy Act protections on fire-sheds as large as 250,000 square acres and allows loggings to proceed even if courts find the logging plan violates the law. There are no limits on the size and age of trees that can be cut, and the language is so vague that even clear cuts could qualify as “fuels treatment.” If passed, it would open millions of acres of forests to logging without scientific review or citizen input. A better name for this legislations would be the Fix It So We Can Log Without Citizen Oversight Act.
Introduced by Rep. Bruce Westerman (R-Ark.), and having passed in the House, it’s now being rushed through the Senate in an attempt to capitalize on the heightened fire concern surrounding the tragic LA fires. A vote is expected any day now.
If our forests are broken, might it be the successive rounds of logging trucks and roads, chainsaws and feller bunchers, herbicidal treatments and industrial replanting of greenhouse-grown monocrops that did the breaking?
The bill claims to “protect communities by expediting environmental analyses, reducing frivolous lawsuits, and increasing the pace and scale of forest restoration projects.” But if protecting communities were really the goal, this bill would pour resources into the only methods proven to do that: hardening homes and defending immediate space.
Most homes don’t catch fire directly from flames themselves, but from embers blown ahead of a fire. Simple measures like screening vents, covering gutters, and pruning vegetation directly around buildings dramatically improve their fire resilience. Thinning vegetation in the immediate surroundings, within 100 feet or so of the dwelling, can also help. These were among the recommendations of the Wildland Fire Mitigation and Management Commission. But rather than heed those recommendations by investing in boots on the ground to harden homes and educate communities, the bill diverts resources to backcountry logging.
The U.S. Forest Service has spent years making the argument that “mechanical treatment” of forests reduces wildfire. Independent research, however, comes to different conclusions, that thinning harms the forest and actually increases the very conditions that favor fire—heat, dryness, and wind. The reasons are fairly obvious. For instance, removing trees makes it harder for forests to slow wind, increasing the wind speeds of potential fires and thus the speed of spread. It also allows more sunlight to reach the forest floor, heating up the ground. Even more importantly, trees don’t just stand around soaking up sunlight, they also cool and hydrate their surroundings. It’s called transpiration, and can be understood as a kind of sweating, just like we do to keep cool in the sun. A single tree can have the cooling power of up to 10 air conditioners.
But that really is just the beginning. Those trees also help make rain. By sweating water vapor they not only cool the air, they deliver water vapor to the sky, feeding the formation of clouds. Even more remarkable, they seed that vapor with biochemicals such as terpenes (the forest scent) and other bits of biota that provide the grains for eventual rain drops to condense around. Forests make clouds. Those clouds then rain down, watering other forests, hydrating soil and vegetation, and increasing resilience to wildfire.
In other words, what the Fix our Forests Act calls dangerous fuels are also air conditioners and humidifiers, rain makers and rain catchers, as their needles gather and slow the falling of rain, allowing it to seep into the ground and make its way to aquifers, which will prove critical during the dry season. Of course, older, deeply rooted trees are best able to tap this water, but there are no protections for them in the Fix Our Forests Act.
Given that the concern is fire, it’s remarkable how little this legislation ever mentions water, its antidote. Though I did find, in section 119, under “Watershed Condition Framework Technical Corrections,” calls to strike the word “protection” from watershed provisions in a previous, similar bill, the Healthy Forests Restoration Act of 2003, under George W. Bush. (To see a short, simple demonstration of how plant moisture effects flammability, watch this.)
Perhaps the problems with this bill are explained by the first word of the bill’s title: “Fix.” You can fix a car. You can fix a broken plate. But can you “fix” a forest? Can you “fix” a living ecosystem of infinite complexity? Such language represents an outdated way of thinking about the living world around us, and marks the very kind of thinking that’s gotten into this mess in the first place. And one needs to ask: If our forests are broken, might it be the successive rounds of logging trucks and roads, chainsaws and feller bunchers, herbicidal treatments and industrial replanting of greenhouse-grown monocrops that did the breaking?
Yes, there are instances where careful thinning of small trees and undergrowth is indicated, such as right around built communities or in industrial plantations planted too densely. But such measured action doesn’t need this bill, and this bill isn’t about such measured action. Rather, as put by Robert Dewey, vice president of government relations with Defenders of Wildlife, the bill “will do little of anything to combat fires and instead plays favorites with the timber industry which is hungry to consume more of our forests—removing large fire-resilient trees and devastating the lands and species which call them home.”
As mentioned, the bill is moving quickly. Last minute citizen outcry is the only thing standing in its way.
The following Senators have been identified as key votes: John Hickenlooper (D-Colo.), Michael Bennet (D-Colo.), Ruben Gallego (D-Ariz.), Mark Kelly (D-Ariz.), Alex Padilla (D-Calif.), Adam Schiff (D-Calif.), Angus King ((-Maine), Elissa Slotkin (D-Mich.), Gary Peters (D-Mich.), and John Fetterman (D-Pa.)
The climate emergency has led to dramatic changes for Alaska fish and wildlife and for the subsistence-based communities of the Arctic who depend on these creatures for their survival.
In early January, as one of his last acts in office, former U.S. President Joe Biden banned future offshore oil and gas drilling on more than 625 million acres of U.S. coastal waters including the entire East Coast, West Coast, and the eastern Gulf of Mexico as well as the northern Bering Sea.
He did this using presidential powers granted under the Outer Continental Shelf Lands Act of 1953, which in 2019 a federal judge in Alaska ruled cannot be rescinded by a future president. This means, despite his day one executive order reversing Biden’s order, President Donald Trump will likely have to get Congress to pass legislation negating this drilling ban. Three Republican congressmen from Louisiana and Texas have already introduced legislation to do that, but may have a hard time getting fellow Republicans from states like South Carolina and Florida—where anti-drilling sentiment is strong—to go along.
It’s pretty clear why Biden did what he did, first to thwart Trump’s “Drill Baby Drill” energy plan and to burnish his own environmental legacy. What is less clear to most people is why he included 44 million acres of the Northern Bering Sea off of Alaska in the drilling ban.
“Everything’s declining, even our (summer) moss berries, cloud berries, everything.”
As a Biden White House fact-sheet explained it: “The Northern Bering Sea Climate Resilience Area was established in 2016 and includes one of the largest marine mammal migrations in the world—beluga and bowhead whales, walruses, and seals… the health of these waters is critically important to food security and to the culture of more than 70 coastal Tribes, including the Yup’ik, Cup’ik, and Inupiaq people who have relied on these resources for millennia.”
So, what’s the Northern Bering Sea Climate Resilience Area? Established by President Barack Obama in December of 2016, it was an attempt to meet the concerns of both Alaska Natives and environmental scientists studying the rapidly changing conditions they were witnessing. Alaska and its waters are today warming two to three times faster than the rest of the world due to a climate phenomenon known as “Arctic amplification,” linked to vanishing sea ice. As the Arctic Ocean ice cover that reflects solar radiation back into space has retreated, the dark ocean waters exposed absorb ever greater amounts of heat leading to 2024 being listed as the hottest year on record going back to 1850. 2023 was the previous hottest year. The 10 warmest years have all occurred in the last decade.
This has led to dramatic changes for the fish and wildlife and for the subsistence-based communities of the Arctic who depend on these creatures for their survival. For example, a study published last month found that 4 million common murres, a seabird that frequents the area, recently died as the result of a marine heatwave. This was about half the state of Alaska’s population, and may be the largest documented die-off of a single species of wild bird.
The Bering Sea’s Alaska Native communities—some 70 federally recognized tribes—first requested action under Obama and got both a ban on destructive bottom trawl fishing in the 113,000-square-mile resilience area and a ban on oil drilling in about half the area (rescinded by Trump during his first term and now fully protected by Biden under the Lands Act), also a commitment for the Coast Guard to restrict shipping channels in areas where native communities are involved in fishing, hunting, and whaling (still not finalized by the Coast Guard) and a pledge to consult with these same communities moving forward. Three leading Alaska Native organizations—Kawerak, Inc., the Association of Village Council Presidents, and the Bering Sea Elders Group—released a joint statement on the day Biden acted expressing their “deepest appreciation and gratitude” to him for protecting waters that President Trump hopes to reopen to oil drilling.
I recently interviewed two women from St. Paul Island in the Pribilof Islands, about 300 miles off the Alaskan mainland in the Bering Sea. Destiny Bristol Kushin is a 20-year-old college student working toward an associate degree in environmental sciences, and her grandmother Zinaida Melovidov is an elder who has lived on the island, with a population of just under 400 people, most of her life. They both talked about the decline of the murres that were hunted for meat and whose eggs were collected on a nearby island where they’ve all but disappeared since the die-off.
“Everything’s declining, even our (summer) moss berries, cloud berries, everything,” Melovidov worries.
“Even in the last 20 years since I was born, you can see the differences in the environment, especially with the seasons. Our summers will be later and foggy where they used to be sunny,” Kushin notes. “Our winters aren’t as snowy. It’s mostly wet now, like rain and snow all during the winter time.”
I’ve heard similar concerns about climate impacts on lives and livelihoods from Alaska Natives in the Aleutians and Southwest Alaska whose villages are also at risk from erosion, flooding, and thawing permafrost.
Even if Biden’s drilling ban in the Bering Sea stands the test of Trump, other threats will remain including oil spills from Russian tankers passing through the 55-mile-wide Bering Strait between Alaska and Russia delivering oil to China via Russia’s Northern Sea Route of retreating Arctic ice. Russia’s oil trade with China has increased since Western sanctions were imposed following its 2022 invasion of Ukraine. Reflecting these tensions around oil, in 2023 the Russians refused to participate with the U.S. Coast Guard in a joint oil spill response exercise.
Even with drilling protections for coastal America, the U.S. will remain the world’s leading oil and gas producer, including the 14% of national production that comes from the western Gulf of Mexico where the 2010 BP Deepwater Horizon oil spill disaster took place.
And, with President Trump’s commitment to produce ever more fossil fuels that drive climate disruption and contribute to extreme weather events from heatwaves in the Arctic to the Los Angeles’ firestorms, our problems with oil and gas remain far from over.
The move stands in stark contrast with Republican President-elect Donald Trump's first-term record of shrinking national monuments and opening public lands to environmentally and culturally destructive extraction.
U.S. President Joe Biden is set to sign proclamations Tuesday establishing two new national monuments in California, a move the White House said will protect the environment and honor Indigenous peoples in a state where they suffered one of the worst genocides in the nation's history.
Biden's creation of the Chuckwalla National Monument in the Colorado Desert and the Sáttítla Highlands National Monument in the Cascade Range "will protect 848,000 acres of lands in California of scientific, cultural, ecological, and historical importance," the White House said in a statement. The national monument designations—which were authorized under the Antiquities Act—mean new drilling, mining, and other development will be banned on the protected lands.
"In addition to setting the high-water mark for most lands and waters conserved in a presidential administration, establishing the Chuckwalla National Monument in southern California is President Biden's capstone action to create the largest corridor of protected lands in the continental United States, covering nearly 18 million acres stretching approximately 600 miles," the White House said.
"This new Moab to Mojave Conservation Corridor protects wildlife habitat and a wide range of natural and cultural resources along the Colorado River, across the Colorado Plateau, and into the deserts of California," Biden's office added. "It is a vitally important cultural and spiritual landscape that has been inhabited and traveled by tribal nations and Indigenous peoples since time immemorial."
🌟 Historic news! President Biden designated two new national monuments—Chuckwalla National Monument and Sáttítla Highlands National Monument —protecting over 848,000 acres of ecologically & culturally significant lands! 🏜️🌲 Read more: bit.ly/3Pral7m
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— Sierra Club (@sierraclub.bsky.social) January 7, 2025 at 8:07 AM
The Chuckwalla National Monument spans over 624,000 acres in southern California near Joshua Tree National Park and includes the ancestral homelands of the Cahuilla, Chemehuevi, Mojave, Quechan, Serrano, and other Indigenous peoples.
The Sáttítla Highlands National Monument covers more than 224,000 acres in northern California on the ancestral lands of the Karuk, Klamath, Modoc, Pit River, Shasta, Siletz, Wintu, and Yana.
U.S. Interior Secretary Deb Haaland, who is a member of the Laguna Pueblo tribe, said in a statement Tuesday that "President Biden's action today will protect important spiritual and cultural values tied to the land and wildlife. I am so grateful that future generations will have the opportunity to experience what makes this area so unique."
Biden's designation follows calls from Indigenous tribes and green groups, and legislation introduced last April by U.S. Sen. Alex Padilla (D-Calif.), then-Sen. Laphonza Butler (D-Calif.), and Congressman Raul Ruiz (D-Calif.) to create the monuments.
"This historic announcement accelerates our state's crucial efforts to fight the climate crisis, protect our iconic wildlife, preserve sacred tribal sites, and promote clean energy while expanding equitable access to nature for millions of Californians," Padilla said in response to the president's move.
"This designation reflects years of tireless work from tribal leaders to protect these sacred desert landscapes," he added. "President Biden has joined California leaders in championing our treasured natural wonders, and I applaud him for further cementing his strong public lands legacy."
The Tribal Council of the Fort Yuma Quechan Indian Tribe said: "The protection of the Chuckwalla National Monument brings the Quechan people an overwhelming sense of peace and joy. This national monument designation cements into history our solidarity and collective vision for our peoples."
"The essence of who we are lies in the landscapes of Chuckwalla and Avi Kwa Ame," the council added. "Every trail, every living being, and every story in these places is connected to a rich history and heritage that runs in our DNA. That is why we look forward to the day when we can celebrate adding the proposed Kw'tsán National Monument for protection as well."
Sierra Club executive director Ben Jealous said in a statement: "Our public lands tell the history of America. They must be protected for us to learn from, and to be enjoyed and explored, for this generation and those to come. Throughout his time in office, President Biden has not only recognized that, he has acted with urgency."
Jealous continued:
From the ecologically rich Chuckwalla deserts in the south to the primordial network of Sáttítla aquifers in the north to the fragile habitats and ecosystems of the Southwest, communities and wildlife will continue to benefit from the clean water, protected landscape, and more equitable access to nature these monuments preserve.
For years, tribes and Indigenous voices have called for these landscapes to be protected. As he has throughout his presidency, President Biden answered those calls. Each new national monument adds a chapter to the story our public lands tell. We must continue the work to expand that story, protect the lands and waters that make this country special, and preserve the historical, cultural, and spiritual connections the original stewards of these landscapes continue to have with these places.
Trust for Public Land CEO Carrie Besnette Hauser noted that "national monuments like Chuckwalla and Sáttítla play a vital role in addressing historical injustices and ensuring a fuller, more inclusive telling of America's story. They stand alongside recent landmark designations—such as the Emmett Till and Mamie Till-Mobley National Monument and Baaj Nwaavjo I'tah Kukveni-Ancestral Footprints of the Grand Canyon—as reflections of our nation's diverse heritage and shared values."
California's Indigenous peoples suffered one of the worst genocides in North America. The state's Native American population plummeted from around 150,000 in 1848—the year gold was discovered at Sutter's Mill—to roughly 16,000 at the turn of the 20th century. The second half of the 19th century was a period of state-sponsored genocidal extermination, enslavement, and dispossession of California's more than 100 Indigenous tribes.
The national monuments designation comes a day after Biden permanently banned offshore oil drilling across 625 million acres of U.S. coastal territory.
Biden's national monument expansion stands in stark contrast with Republican President-elect Donald Trump's record during his first administration, which saw a major contraction of national monuments in service of opening public lands to mining, fossil fuel extraction, and other environmentally and culturally destructive intrusions.
"During his first term, Trump made his hostility toward public lands clear as he reduced national monuments and rolled back regulations on fossil fuel extraction," High Country News contributing editor Jonathan Thompson recently wrote. "This time, he promises a repeat performance, backed by a GOP-dominated Congress, a conservative-leaning Supreme Court, and an army of professional ideologues who have been eagerly preparing for this moment for the last four years."